COMMITTEE OF MUSLIM AUKAF Vs. ANAYATULLAH

JUDGEMENT

(1.) THIS is a plaintiffs second appeal in a suit for injunction restraining the defendant from alienating or dealing with the properties which belong to Ziarat baba Ibrahim sahib which have now vested in the plaintiff under the provisions of the Jammu and Kashmir Muslim Wakfs Act (hereinafter called the Act).

(2.) THE Plaintiffâ„¢s case was that the Government by two orders dated 22 -9 -55 and 29 -11 -58 made a grant of a 3 acres and 6 acres 2 kanals and 6 marlas respectively to the aforesaid Ziarat. A portion of the land measuring 12 kanals and 5 marlas was acquired by the P.W.D. Housing Section which paid a compensation of Rs. 12.500/ - to the Ziarat. Thus, in other words, the total area of land granted to the Ziarat was 74 kanals and 6 marlas out of which the Government has requisitioned 12 kanals and 5 marlas, leaving the remaining 62 kanals and 1 marlas which is the land in dispute. The first defendant who was originally a caretaker or a Mujawar of the Ziarat and was in possession of the property as Manager had set up his adverse title and had started alienating and selling away the properties with a view to depriving the Ziarat of its valuable properties.

(3.) THE suit was resisted by the defendant No. 1 who admitted to be the Mujawar of the Ziarat but averred that the grant made by the Government was not made to the Ziarat at all but was made to the defendants in their personal capacity in lieu of huge chunks of lands which were acquired by the Government for establishing the Gandhinagar colony at Rakh Bahu Jammu. The defendants further pleaded that they had spent huge amount of money for adding rooms to the Dargah which was their personal acquisition.